S/RES/2313 (2016)
Security Council Distr.: General 13 October 2016
Resolution 2313 (2016)
Adopted by the Security Council at its 7790th meeting, on 13 October 2016
The Security Council, Reaffirming its previous resolutions on Haiti, in particular its resolutions 2243 (2015), 2180 (2014), 2119 (2013), 2070 (2012), 2012 (2011), 1944 (2010), 1927 (2010), 1908 (2010), 1892 (2009), 1840 (2008), 1780 (2007), 1743 (2007), 1702 (2006), 1658 (2006), 1608 (2005), 1576 (2004) and 1542 (2004), Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Haiti, Taking note of the Secretary-General’s report S/2016/753 of 31 August 2016, Noting the revised electoral calendar which set a first date of 9 October 2016 for a repeat of the 2015 presidential election and partial re-runs of the legislative elections, together with first-round elections for one-third of the Senate seats whose current incumbents will end their term in office in January 2017, and a second electoral round for 8 January, including presidential and senatorial run-offs, if required, and the single-round local elections, although the 9 October date was postponed due to Hurricane Matthew, Also noting that, according to this calendar, the final results of the presidential election will be announced by 30 January 2017 and the installation of the newly elected President expected to take place on 7 February 2017, in accordance with the Constitution of Haiti, Underscoring the importance of the Government of Haiti, the Electoral Council and political parties and all political actors in ensuring that the upcoming rounds of elections are conducted in a free, fair, inclusive, peaceful, transparent, credible, and democratic manner and in accordance with the electoral law, Recognizing that the security situation during the reporting period remained relatively calm but fragile, due to the prevailing political uncertainty, Recognizing the important role of MINUSTAH in ensuring stability and security in Haiti, and commending MINUSTAH for continuing to assist the Government of Haiti to ensure a secure and stable environment, and expressing
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gratitude to the personnel of MINUSTAH and to their countries and paying tribute to those injured or killed in the line of duty; commending also the wide range of reconstruction efforts in Haiti and the successful work achieved by MINUSTAH’s military engineering units, Also recognizing the importance of condition-based security-related decisions about the future of MINUSTAH and noting that there were some incidents of violence during the reporting period, Reiterating the critical role of the Haitian National Police (HNP) to Haiti’s security and stability and welcoming the ongoing strengthening, professionalization and reform of the HNP, Welcoming that the capacity of the HNP has continued to improve, and they have demonstrated their determination to provide for the safety and security of the Haitian people and noting that they are not yet operationally independent and continue to rely on international support including from MINUSTAH, in fulfilling their constitutional mandate, Underscoring the importance of adequate funding for the Haitian National Police (HNP) to enhance its logistic, administrative and operational capacities, and encouraging the Government of Haiti to take advantage of the support being provided by the international community to guarantee the provision of adequate security for the Haitian people and calling on all international partners to strengthen their coordination in this regard, Welcoming the continued efforts of the HNP to patrol and enhance its presence and engagement directly with the population; recognizing MINUSTAH’s continued community policing efforts, in close coordination with camp committees, in sites for internally displaced persons, and welcoming their engagement with the population, Noting that the HNP continued to implement its 2012-2016 Development Plan, as well as MINUSTAH’s support for development of the 2017-2021 Strategic Plan, Underlining the need to further strengthen Haitian judicial and correctional systems, in order to support a more integrated and cohesive Haitian security sector, noting the slow progress towards consolidating the rule of law and calling on Haitian authorities to continue to pursue efforts aimed at strengthening rule of law institutions and ending impunity, Recalling Security Council resolution 2282 (2016) and General Assembly resolution 70/262 and reaffirming Haitian ownership of “sustaining peace” strategies, and in this regard, emphasizing the importance of inclusivity and the role that civil society can play to advance national peacebuilding processes and objectives in order to ensure that the needs of all segments of society are taken into account, Recognizing also the interconnected nature of the challenges in Haiti, reaffirming that sustainable progress on security, the rule of law and institutional reform, national reconciliation and sustainable development, including the combat against unemployment and poverty, are mutually reinforcing, and welcoming the continuing efforts of the Government of Haiti and the international community to address these challenges, in line with the government’s priorities,
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Noting with concern that Haiti continues to suffer humanitarian challenges, underlining the importance and urgency of the Humanitarian Response Plan appeal launched jointly by the Government of Haiti and the United Nations to meet critical humanitarian needs of 1.3 million people, and acknowledging that while important progress has been made, Haiti continues to face significant humanitarian challenges, Noting that the ongoing return or entry of Haitians and persons of Haitian descent from the Dominican Republic has tested the capacity of the State to provide assistance, Noting with concern that as a result of the ongoing drought, 3.6 million suffered from food insecurity, of whom 1.5 million from acute food insecurity, which could impact the humanitarian situation and stability, Noting an increase in suspected cases of cholera and cholera-related deaths, Welcoming the ongoing efforts by the Government of Haiti to control and eliminate the cholera epidemic, as well as the intensified efforts of MINUSTAH and United Nations agencies in support of the implementation of the National Plan for the Elimination of Cholera and urging the United Nations country team in coordination with other actors to continue to support the Government of Haiti in addressing the structural weaknesses, in particular in the water and sanitation systems, Underscoring the importance of strengthening the Haitian national health institutions, and recognizing United Nations efforts to combat cholera, including through the Secretary-General’s initiative to support the National Plan for the Elimination of Cholera, Taking note of the intention of the Secretary-General to develop a package that would provide material assistance and support to those Haitians directly affected by cholera, Emphasizing that progress in the reconstruction of Haiti, as well as in Haiti’s social and economic development, including through effective, coordinated, commendable international development assistance and increased Haitian institutional capacity to benefit from this assistance, are crucial to achieving lasting and sustainable stability, and reiterating the need for security to be accompanied by social and economic development, including efforts in risk reduction and preparedness that address the country’s extreme vulnerability to natural disasters, efforts in which the Government of Haiti plays a leading role, Welcoming the increased joint programming of the United Nations country team in Haiti in alignment and coordination with the Government-endorsed Integrated Strategic Framework, and welcoming also the commitment to foster greater alignment of international assistance with national priorities, increase transparency and strengthen mutual accountability, as well as the need for stronger coordination, Urging donors to complete their pledges in order, inter alia, to help promote access to services and jobs for the most vulnerable, and underlining the Government of Haiti’s responsibility to provide clear guidance to donors on its priorities and to facilitate delivery of assistance to those most in need,
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Expressing concern that social inequalities remain highly visible, that over the past year core inflation has risen to about 10 per cent, and that insufficient investment, required to boost economic growth, and generate employment, combined with political uncertainty and lack of transparent and effective governance systems, have continued to impact negatively on development and the implementation of the Strategic Development Plan of Haiti, Emphasizing the role of women and youth in the economy and the importance of promoting economic empowerment for these stakeholders, Emphasizing the role of regional organizations in the ongoing process of stabilization and reconstruction of Haiti and calling on MINUSTAH to continue to work closely with international financial institutions, regional and subregional organizations, and other stakeholders, in particular the Organization of the American States (OAS), Union of South American Nations (UNASUR), and the Caribbean Community (CARICOM), Expressing serious concern that sexual and gender-based violence, especially against women and children, remains a substantial problem, particularly in marginalized districts of Port-au-Prince, remaining internally displaced persons sites and remote areas of the country, Noting with concern the slow progress towards consolidating the rule of law and calling on the Haitian Government to address the deficiencies in the justice and corrections systems, prolonged pretrial detention, prison overcrowding, widespread corruption, and denial of human rights including fair trial guarantees, Recognizing that strengthening national human rights institutions as well as respect for human rights, including of children, and due process and combating criminality, sexual and gender-based violence, and putting an end to impunity and ensuring accountability are essential to ensuring the rule of law and security in Haiti, including access to justice, Taking note that the Government of Haiti has failed to assign the human rights portfolio to a specific Ministry and that Judicial authorities have not made significant progress in the investigation and in the prosecution, as appropriate, of crimes involving serious human rights violations, Reaffirming the authority of the Special Representative of the SecretaryGeneral in the coordination and conduct of all activities of United Nations agencies, funds and programmes in Haiti, and reaffirming also its support to the Special Representative of the Secretary-General’s role in ensuring optimal coordination and collaboration between MINUSTAH and the United Nations country team in connection with the aspects of their respective mandates that are correlated particularly as part of MINUSTAH’s condition-based consolidation plan, Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations, Acting under Chapter VII of the Charter of the United Nations, as described in section 1 of operative paragraph 7 of resolution 1542 (2004), 1. Decides to extend the mandate of MINUSTAH, in line with the Secretary-General’s report, as contained in its resolutions 1542 (2004), 1608 (2005),
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1702 (2006), 1743 (2007), 1780 (2007), 1840 (2008), 1892 (2009), 1908 (2010), 1927 (2010), 1944 (2010), 2012 (2011), 2070 (2012), 2119 (2013), 2180 (2014) and 2243 (2015), until 15 April 2017; 2. Decides that MINUSTAH’s overall force levels will consist of up to 2,370 troops and of a police component composed of up to 2,601 personnel, the force levels recommended by the Secretary-General; 3. Requests the Secretary-General to conduct a Strategic Assessment Mission of the situation in Haiti by the end of the current mandate and preferably after the inauguration of a newly elected president and, on this basis, to present its recommendations on the future presence and role of the United Nations in Haiti in the next Secretary-General Report to the Security Council; 4. Affirms its intention, based on the Security Council’s review by 15 April 2017 of Haiti’s overall capacity to ensure security and stability and on the security conditions on the ground, to consider the possible withdrawal of MINUSTAH and transition to a future United Nations presence beginning no sooner than 15 April 2017, to continue to assist the Government of Haiti to consolidate peace, including support to the Haitian National Police; 5. Affirms that adjustments to the force configuration should be based on the situation on the ground, compatible with the capacity of MINUSTAH and the HNP to maintain security in the context of the on-going electoral and political processes, and should take into account the results of the Secretary-General’s strategic assessment, the importance of maintaining a secure and stable environment and the impact of social and political realities on Haiti’s stability and security, the increasing development of the Haitian State’s capabilities, in particular the ongoing strengthening of the HNP, and the national authorities’ increasing exercise of the Haitian State’s responsibility for the maintenance of stability and security in the country; 6. Calls upon MINUSTAH to maintain capacity, including appropriate air assets, to deploy troops rapidly throughout the country; 7. Affirms its commitment to act at any time to adapt MINUSTAH’s mandate and force levels, if compelled by a change of conditions in Haiti, if necessary to preserve the progress Haiti has made towards durable security and stability; 8. Takes note of the implementation of the conditions-based consolidation plan of MINUSTAH, which focused the Mission’s activities on a core set of mandated tasks as agreed with the Government of Haiti and notes that given its reduced capacity and with a view to ensuring continuous progress as the Mission transitions towards the post-consolidation period, MINUSTAH has prioritized the mandated activities and will continue to focus its resources on priority areas, while progressively disengaging from others in coordination with the Haitian Government and international partners; 9. Decides that MINUSTAH will continue to prepare for its transition, including through the development of a Transition Plan and the focused implementation of the Mission’s Consolidation Plan and takes note of MINUSTAH’s and the United Nations country team’s ongoing preparatory work on
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a joint transition plan aimed at consolidating the stabilization gains made with support from the Mission, in accordance with its mandate; 10. Recognizes the ownership and primary responsibility of the Government and the people of Haiti over all aspects of the country’s stabilization; encourages MINUSTAH to continue its efforts to provide logistical and technical expertise, within available means and consistent with its mandate, and coordinating as appropriate with the United Nations country team and others active in stabilization efforts, to assist as requested by the Government of Haiti, to continue to implement decentralization efforts and build the capacity of its institutions at the national and local levels, with a view to enhance further the Government of Haiti’s ability to extend State authority throughout Haiti and promote good governance and rule of law at all levels; 11. Strongly urges Haiti’s political actors to work cooperatively in the interests of the Haitian people, joining forces in prioritizing the country’s return to full constitutional normality by completing the electoral process, under way, and without further delays, to ensure the holding, in keeping with the established electoral calendar and in accordance with the Constitution of Haiti and Haiti’s international obligations, of free, fair, inclusive, and transparent presidential election and partial re-runs of the legislative elections, together with first-round elections for one-third of the Senate seats whose current incumbents will end their term in office in January 2017 in accordance with the Constitution of Haiti and also urges Haiti’s political actors to encourage the citizens to a higher level of involvement in the upcoming electoral rounds; 12. Welcomes the Special Representative of the Secretary-General’s efforts to support the political process under way in Haiti; reaffirms its call upon MINUSTAH to continue to support this process; calls upon MINUSTAH to deliver and coordinate, as appropriate, international electoral assistance to the Government of Haiti in cooperation with international stakeholders including the OAS, UNASUR, and CARICOM as appropriate; 13. Reaffirms that Haiti is at an important juncture in the consolidation of stability and democracy, and the engagement of its political leaders and stakeholders in dialogue and compromise is vital to securing the gains made in recent years, in order to set Haiti firmly on a path towards lasting stability and economic development and to enable Haitians to assume even greater responsibility in that regard; 14. Recalls resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), 2242 (2015), 2272 (2016) and encourages the Government of Haiti, with the support of relevant stakeholders, to promote increased women’s political participation in Haiti, in accordance with the Constitution of Haiti; 15. Welcomes the establishment of the National Federation of Woman Mayors with support from the Ministry of Interior and Local Governance, the Ministry of Women’s Affairs and Women’s Rights, and MINUSTAH; 16. Reaffirms that, in the framework of the improvement of the rule of law in Haiti, strengthening the capacity of the HNP is paramount for the Government of
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Haiti to take timely and full responsibility for the country’s security needs, which is central to Haiti’s overall stability and future development; 17. Reiterates that the HNP’s capacity-building remains a most critical task for MINUSTAH; requests MINUSTAH to continue its efforts to strengthen the institutional and operational capacities of the HNP, in particular by renewed efforts to mentor and train police and corrections personnel, including at intermediate rank levels; calls on MINUSTAH to align skills of UNPOL personnel to support these objectives and provide skilled trainers and technical advisers; 18. Underlines the need to ensure effective support from the Government of Haiti and its international and regional partners for the HNP, in order to achieve the goals of a minimum of 15,000 fully operational serving police officers by the revised target date of end 2017, adequate logistic and administrative capacity, accountability and respect for human rights and rule of law, a robust vetting process, enhanced recruitment procedures and training, strengthened land and maritime border control, and improved deterrence of transnational organized crime; 19. Notes that work has begun by the national police, with support from MINUSTAH and look forward to the 2017-2021 Strategic Plan, which aims to determine targets and performance indicators based on a thorough analysis of the capacities of the national police and further notes that activities not achieved during the 2012-2016 period will also be incorporated into the Plan; 20. Stresses the need for close coordination among MINUSTAH, donors, and the Government of Haiti to enhance the effectiveness and sustainability of HNP capacity-building efforts; requests also MINUSTAH to facilitate this coordination and to continue to provide technical guidance to donor-funded projects as requested for the rehabilitation and construction of police and corrections facilities as well as for other projects aiming to support HNP’s institutional capacity as appropriate; 21. Encourages MINUSTAH, in cooperation with the appropriate international actors, to continue to assist the Government of Haiti in effectively tackling gang violence, organized crime, illegal arms trafficking, drug trafficking and trafficking of persons especially children, as well as ensuring proper border management; 22. Encourages the Haitian authorities to continue to implement justice reform by taking the necessary steps, including through ongoing support to the Superior Council of the Judiciary, to ensure the independence and effectiveness of the judicial institutions, and to continue to address the issue of prolonged pretrial detentions and prison conditions and overcrowding, with special regard to women and children held in detention; 23. Calls upon donors and other partners, including the United Nations and the international financial institutions to remain engaged in support of the long-term development of Haiti, in line with priorities set by the Government of Haiti, and calls upon Haitian authorities and international partners to take transparent steps to strengthen coordination; 24. Calls on the Government of Haiti and development partners to redouble efforts to use existing mechanisms for the tracking of assistance in order to increase transparency, coordination and alignment with Haitian development priorities;
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25. Takes note with appreciation of the extension of the integrated strategic framework between the United Nations country team and the Mission that serves to reinforce cooperation among the different elements of the United Nations presence in Haiti; 26. Requests the United Nations country team, and calls upon all actors, to complement security and development operations undertaken by the Government of Haiti with the support of MINUSTAH with longer term impact activities aimed at effectively improving the living conditions of the concerned populations, in particular women and children; 27. Requests MINUSTAH, working in coordination with the United Nations country team, to continue to implement quick-impact projects that contribute in building a secure and stable environment and enhance national ownership and the trust of the Haitian population towards MINUSTAH, particularly in the priority areas identified by the Mission’s leadership and consistent with the Government of Haiti’s priorities as appropriate; 28. Strongly condemns the grave violations and abuses against children affected particularly by criminal gang violence, as well as widespread rape and other sexual abuse of women and girls, and calls upon the Government of Haiti, with the support of MINUSTAH and the United Nations country team, to continue to promote and protect the rights of women and children as set out in Security Council resolutions 1325 (2000), 1612 (2005), 1820 (2008), 1882 (2009), 1888 (2009), 1889 (2009), 2106 (2013), 2122 (2013), and 2242 (2015) and encourages all actors in the Haitian Government, the international community and civil society to renew their efforts to eliminate sexual and gender-based violence in Haiti, as well as to improve response to rape complaints and access to justice for the victims of rape and other sexual crimes and encourages national authorities to promote national legislation in this regard; 29. Requests MINUSTAH to continue to pursue its community violence reduction approach, in close collaboration with the Haitian Government, with a particular focus on at-risk youth, women, the displaced and those living in violenceaffected neighbourhoods and to ensure that this activity is coordinated with, and supports the work of, the United Nations country team to build local capacity in this area by taking into account Haitian priorities; 30. Encourages MINUSTAH to continue assisting the Government of Haiti in providing adequate protection to the civilian population, with particular attention to the needs of internally displaced persons and other vulnerable groups, especially women and children, including through joint community policing in the camps, in line with Security Council resolution 1894 (2009); 31. Recalls resolution 2272 (2016) and requests the Secretary-General to continue to take the necessary measures to ensure full compliance of all MINUSTAH personnel with the United Nations zero-tolerance policy on sexual exploitation and abuse, and to continue to keep the Council informed, and urges troop- and police-contributing countries to redouble efforts in preventing cases of misconduct and to ensure that acts involving their personnel are properly investigated and punished;
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32. Reaffirms MINUSTAH’s human rights mandate as an essential component of the Mission and recognizes that respect for human rights is an essential element for Haiti’s stability, in particular attention to individual accountability for grave violations under past governments, urges the Government to ensure with the support of the international community, as appropriate, the respect and protection of human rights by the HNP and the judiciary, and calls on MINUSTAH to provide monitoring and support in this regard; 33. Encourages MINUSTAH, within its mandate, to continue to use existing means and capabilities, including its engineers, with a view to enhancing stability in Haiti while fostering greater Haitian ownership in the context of its condition-based consolidation plan; 34. Requests MINUSTAH to continue to support the Haitian authorities in their efforts to control the flow of small arms, the development of a weapons registry, the revision of current laws on importation and possession of arms, reform of the weapons permit system and the development and implementation of a national community policing doctrine; 35. Underscores the importance that planning documents for MINUSTAH’s military and police components, such as the concept of operations and rules of engagement, be regularly updated, as appropriate, and be in line with the provisions of all its relevant resolutions, and requests the Secretary-General to fully report in a timely manner on them to the Security Council and troop- and police-contributing countries; 36. Requests the Secretary-General to keep it regularly informed, and to report to the Council on the implementation of MINUSTAH’s mandate not later than thirty days prior to its expiration; 37. Requests the Secretary-General to continue to include in his reports a comprehensive assessment of the situation in Haiti, highlighting the security conditions on the ground with a specific focus on the capacity of the Haitian National Police, and to continue to present a progress report of the consolidation plan as an annex to his next report; 38. Decides to remain seized of the matter.
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